Also known as: discontinue · discontinued · discontinuee · discontinuor · voluntary discontinuance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A cessation of a nonconforming land use for the statutory period that extinguishes the owner's vested right to continue the use despite later zoning changes. The right to maintain the preexisting use is lost when the owner discontinues operations for the required time.
A cessation of a nonconforming land use for the statutory period that extinguishes the owner's vested right to continue the use despite later zoning changes. The right to maintain the preexisting use is lost when the owner discontinues operations for the required time.
Select any source to read its text and confirm it supports the definition.
Termination of a criminal trial under circumstances of manifest necessity that permits reprosecution of the defendant for the same offense.
Select any source to read its text and confirm it supports the definition.
Termination of a criminal trial under circumstances of manifest necessity that permits reprosecution of the defendant for the same offense.
Each sense below has its own examples, sources, and questions.
Delilah Duran operated a commercial repair shop on land zoned residential after a later ordinance took effect. She closed the shop for eighteen months while seeking new tenants. When she attempted to reopen, the city cited the zoning violation. Because the statutory period for discontinuance had run, Duran lost the vested right to resume the nonconforming use.
Discontinuance focuses on the passage of a statutory period without regard to intent, while abandonment requires proof of an overt act plus intent to relinquish the use permanently.
Supporting sources
A three-month closure for renovations followed by resumption of the identical use does not trigger loss of the nonconforming right when no statutory period has elapsed and no amortization ordinance applies.
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No. A brief interruption for interior work with prompt resumption of the same activity does not meet the statutory period or demonstrate the required cessation.
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Derek Douglas faced trial on felony charges when a key prosecution witness became gravely ill mid-trial. The court declared a mistrial after finding manifest necessity. The state later retried Douglas on the same indictment because the discontinuance of the first proceeding was justified.
A court may terminate proceedings and permit retrial when manifest necessity exists, such as a mistrial caused by circumstances that justify discontinuance of the original trial.
Supporting sources